1984 (7) TMI 224

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..... of Rs. 3 lakhs. Her ticket won the first prize. After deducting 11 per cent of the prize towards agent's commission and souvenir expenses, the U. P. Government gave her a sum of Rs. 2,67,000. The payment was made after further deducting the income-tax deductible at source amounting to Rs. 92,115. Since the assessee had no other income filed a return showing the income from winnings of lottery at .....

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..... hich the winnings exceeded Rs. 5,000. Clearly, the winning were only the sum of Rs. 3 lakhs. The agent's commission was an outgoing from the income by wary of winnings and was not a diversion by overriding title so as to cease to be the income of the assessee. Nor is there anything in the definition of 'income' in s. 2(24)(ix) to support the case of the Revenue that the winnings could be only the .....

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